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BARNES v. STATE

No. 61888.

644 S.W.2d 1 (1982)

Steven BARNES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied February 2, 1983.

Attorney(s) appearing for the Case

Gene Storrs, Amarillo, for appellant.

Tom Curtis, Steve Schiwetz, and Mal Holloway, Asst. Dist. Attys., Amarillo, Robert Huttash, State's Atty. and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before DALLY, W.C. DAVIS and TEAGUE, JJ.

OPINION

TEAGUE, Judge.

Steven Barnes, appellant, appeals his conviction by a jury for committing the offense of voluntary manslaughter on an indictment which charged him with committing the offense of murder pursuant to V.T.C.A., Penal Code, Sec. 19.02(a)(1). The jury assessed punishment at 5 years' confinement in the penitentiary.

We find that we are confronted with unassigned error which requires reversal, because of error of commission in the...

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